Agenda and minutes

Up to 15 minutes are allowed for public participation.  Participants are restricted to 3 minutes each.

There was no public participation.

Meeting of the Prosperous Communities Committee held on 25 October 2016.

(a)          Meeting of the Prosperous Communities Committee – 25 October 2016.

RESOLVED that the minutes of the meeting of the Prosperous Communities Committee held on 25 October 2016 be confirmed and signed as a correct record.

Setting out current position of previously agreed actions as at 28 November 2016

Members gave consideration to the Matters Arising Schedule which set out the current position of all previously agreed actions as at 28 November 2016.

RESOLVED that progress on the Matters Arising Schedule, as set out in report PRCC.36 16/17 be received and noted.

Members may make any declarations at this point but may also make them at any time during the course of the meeting.

There were no declarations of interest made at this point of the meeting.

Consideration was given to a report which sought to provide Members with an up to date position with regard to Broadband Provision across the District.  The report also set out high level options for future consideration and sought Members’ steer on the issue of payment to the On-Lincolnshire Partnership.  To aid understanding of terminology used throughout the report, a number of definitions were clarified at the outset.

By way of background and context, it was noted that in 2012, WLDC agreed to be part of the BDUK partnership in Lincolnshire to be known as On-Lincolnshire. This partnership was to be led by a team based within Lincolnshire County Council.

The district of West Lindsey had been identified within the project as being part of what was known as Phase 7. This was due to be initiated in March 2015 and completed in March 2016. BDUK Phase 1 was expected to provide coverage to 90% (including commercial roll out) of households in West Lindsey.

The BDUK roll out would not provide 100% coverage. Therefore WLDC subsequently determined to provide a commercial loan to Quickline Ltd who could provide coverage in the harder to reach areas in advance of the work of BDUK. This loan was at market rates and commercial in nature and was in no way a contract for service or a plan for 100% coverage.

As has become much discussed, whilst WLDC received appropriate advice regarding its own responsibilities for State Aid issues (hence the Commercial Loan does not contravene any state aid regulations), officers at BDUK determined that the loan, and in particular its reference to WLDC achieving 100% coverage, would cause BDUK to contravene the state aid regulations applicable to their use of Government Funds should they allocate further funding to West Lindsey. BDUK could not provide funding where it would constitute ‘overbuild’ (development of broadband infrastructure where there was already an infrastructure in place).

Despite challenging this determination over many communications with BDUK, including representations by colleagues at Lincolnshire County Council, Officers had been unable to change the BDUK opinion on this matter.

The intentions of Phase 1 of the project were outlined to Members and detailed in Section 2 of the report.  It was noted that 90% coverage had been expected to be delivered, however current estimates suggested this was around 85.53%.  The Capital programme of 2012/13 had committed 375k – 500k to the Partnership this amount had yet to be paid. 

Furthermore there was a reported underspend on Phase 1 of £9m which West Lindsey was currently prohibited from benefitting from due to the direction of BDUK. This amounted to a 25% underspend on the overall project.

There was also a commercial ‘payback’ scheme in operation (BT provide cashback to On-Lincolnshire where take up of a supported cabinet exceeds agreed levels) this would take the remaining available funding figure up to £16m.

However, given the circumstances explained above, On-Lincolnshire had advised that they were unable to use any of these surplus funds to support  ...  view the full minutes text for item 61.

Consideration was given to a report which presented the up-to-date position in terms of the development of the Scothern Neighbourhood Plan.  The report recommended that the Plan proceed to the Public Referendum stage following a successful independent examination.

The Committee commended the work undertaken by the Neighbourhood Planning Officer, the support he offered local communities and welcomed the submission of many more Neighbourhood Plans to come.

RESOLVED that the Scothern Neighbourhood Plan be formally approved to advance to the Public Referendum stage, in line with the advice received from the Independent Examiner.

Consideration was given to a report which presented the up-to-date position in terms of the development of the Dunholme Neighbourhood Plan.  The report recommended that the Plan proceed to the Public Referendum stage following a successful independent examination.

The Committee commended the work undertaken by the Neighbourhood Planning Officer, the support he offered local communities and welcomed the submission of many more Neighbourhood Plans to come.

RESOLVED that the Dunholme Neighbourhood Plan be formally approved to advance to the Public Referendum stage, in line with the advice received from the Independent Examiner.

The report was introduced by the Chief Operating Officer who noted that it reflected the performance of the council in the first six months of the 2016/17 municipal year (April – September).

The summary was structured to highlight those areas that were performing above expectations, those areas where there was a risk to either performance or delivery and those areas where further work was required for next year’s report.

Progress on the Commercial Plan was to be included on the agenda for the December meeting.

Areas described as performing well included: Building Control; Development Management; Projects and Growth; and CCTV.

Those areas described as risks included: Local Land Charges; Enforcement; Markets; and Home Choices.

Further information was given on each of the above, and the Progress and Delivery Working Group was to meet again shortly to look again at the measures being used.  Complaints, Comments and Compliments were being reconsidered to present a more sophisticated way of monitoring.

Discussion ensued and with regard to the current pressures being experienced by the homelessness team, Members sought indication as to the average time it took to process a homelessness application, together with a general profile of those declaring themselves as homeless.  Officers undertook to provide this information outside of the meeting, and it was suggested this may be a measure included in the future.

Members commended the work undertaken by Home Options Team, particularly the leading role they played across the District in respect of Homelessness.

The revised report format was welcomed.

Caution was expressed with regard to planning income levels, as whilst these were currently at a high level, with the introduction of the Local Plan, this position would likely change.  There was a general discussion on how the level of income allowed flexibility within the staffing of the team.  It was acknowledged that reduced income was likely in the future, however Officers gave their assurance, that they were aware of this and would continue to monitor the situation carefully.

A Member sought indication as to whether the number of cases of “non-determination” in respect of planning applications had increased and the reasons for this.  Again, Officers undertook to provide this information outside of the meeting, and it was suggested this may be a measure included in the future performance and delivery reports.

RESOLVED that having reviewed the performance information contained in the Progress and Delivery Report, the report be accepted.

Members gave consideration to a report which detailed proposed fees and charges for service areas and functions, within its purview, to take effect from 1 April 2017.

In presenting the report, the following points were highlighted to Members: -

The 2017/18 process had been informed by benchmarking work undertaken in 2016/17 and looked at trends in costs/income and demand to inform proposals for charges.

Inflationary increases of 2.2% had been applied for most non statutory fees, however, no increases had been applied to Markets (as they were currently under review), or Car Parking (as the Car Parking Strategy had been approved late in 2016 and a review would be undertaken in 2017).

Cemeteries were proposing a 130% increase in burial rates, to work towards cost recovery, as on benchmarking the service, the charge currently applied was considerably lower than comparators.  It was noted that the Council only had responsibility for two burial sites across the District.

In light of new legislation, namely the Unauthorised Deposits of Waste (Fixed Penalty) Regulations 2016, which gave the Council new powers to fine culprits of fly-tipping, two new charges were proposed verbally.  The new Regulations allowed the Council to raise fines between £150 and £400 for an offence and to offer a minimum early payment discount of £120.  In the light of this, the charges Members gave consideration to a report which detailed proposed fees and charges for service areas and functions, within its purview, to take effect from 1 April 2017.

In presenting the report, the following points were highlighted to Members: -

The 2017/18 process had been informed by benchmarking work undertaken in 2016/17 and looked at trends in costs/income and demand to inform proposals for charges.

Inflationary increases of 2.2% had been applied for most non statutory fees, however, no increases had been applied to Markets (as they were currently under review), or Car Parking (as the Car Parking Strategy had been approved late in 2016 and a review would be undertaken in 2017).

Cemeteries were proposing a 130% increase in burial rates, to work towards cost recovery, as on benchmarking the service, the charge currently applied was considerably lower than comparators.  It was noted that the Council only had responsibility for two burial sites across the District.

In light of new legislation, namely the Unauthorised Deposits of Waste (Fixed Penalty) Regulations 2016, which gave the Council new powers to fine culprits of fly-tipping, two new charges were proposed verbally.  The new Regulations allowed the Council to raise fines between £150 and £400 for an offence and to offer a minimum early payment discount of £120.  In the light of this, the charges being proposed were a £400 fine reduced to £250 if paid within 10 days and these would be included in Appendix E – Fixed Penalty Notice Charges

Debate ensued and Members sought and received assurance that any decision made now, in relation to the Markets, would not prejudice any forthcoming decision regarding its operation.

Members welcomed the new  ...  view the full minutes text for item 65.

Members gave consideration to the Committee work plan.

Commenting on the raft of Neighbourhood Plans which were due for consideration over the coming months, the Member Champion for Neighbourhood Planning, advised that new legislation being considered, if introduced, would require the Authority to publish the number of plans in place across its area together with the level of support the Authority had offered in producing the Plan.  Again it was suggested this may be a future performance and delivery measure.

RESOLVED that the Work Plan as set out in report PRCC.42 16/17 be received and noted.

To resolve that under Section 100 (A)(4) of the Local Government Act 1972, the public and press be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in paragraph 3 of Part 1 of Schedule 12A of the Act.

RESOLVED that under Section 100 (A)(4) of the Local Government Act 1972, the public and press be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in paragraph 3 of Part 1 of Schedule 12A of the Act.

Members gave consideration to a report which sought approval to proceed with the compulsory purchase of a property and associated land in Marton as detailed in report PRCC.43 16/17.

Members received information on the history of the dwelling and the complaints which had arisen.  It was noted that the Council had taken various formal and informal steps to bring this property back into use and that none of these had been successful.  In the absence of an acceptable response, it was considered that there was a compelling case in the public interest for enforcement action.

Following the execution of a warrant to fully understand the condition of the property, the cost of the proposed action was outlined in detail to Members, together with the rationale for it now being proposed to compulsory purchase theadditional associated land, as detailed in the revised Appendix which was circulated to Members.

                      RESOLVED that:

(a)       the making of a Compulsory Purchase Order under Section 226(1)(a) of the Town and Country Planning Act 1990 and the Acquisition of Land Act 1981 for the acquisition of the property in Marton together with the land associated with it, and as shown edged in red and in the hatched area on the plans attached at Appendix 1 to report PRCC.43 16/17, to facilitate the development, redevelopment or improvement of the land that will contribute to the promotion or improvement of economic, social or environmental wellbeing be approved; and

(b)        the Chief Operating Officer, in consultation with the Committee Chairman and legal representation be approved and authorised to:

                                              i.        Take all necessary steps to secure the making, confirmation and implementation of the Compulsory Purchase Orders including the publication and service of all notices and the presentation of the Council’s case at any public inquiries;

                                             ii.        Acquire interests in the property within the Compulsory Purchase Orders either by agreement or compulsorily;

                                            iii.        Suspend the compulsory purchase order proceedings, or withdraw the order, on being satisfied that the subject house will be satisfactorily renovated and re-occupied without the need to continue the purchase proceedings in relation to the property;

                                            iv.        Take all necessary action to acquire and obtain possession of the property included in the Compulsory Purchase Orders, either compulsorily or by agreement, and to deal with all matters relating to the payment of compensation and statutory interest including or defending proceedings as necessary;

                                             v.        Dispose of the property in accordance with the proposals set out in this report;

                                            vi.        Take all necessary action to give effect to these recommendations